This is likely a statutory rape charge. The age of consent in Oregon is 18. It is generally not a defense that the person lied about age or that parents gave permission. See: http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#Oregon
This is a serious charge even if a misdemeanor, it might result at some point in a sex offender registration requirement. Sentence depends on many factors, especially his own criminal history. But the first question is: Will he be convicted as charged?
He needs a criminal defense lawyer there, now.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Wisconsin
--- Talking to the Police - Advice from Lawyers and Police
--- Miranda Rights (and Wrongs)
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
As Mr. Kenyon mentioned, it is likely going to be a statutory rape charge, if it is prosecuted. The first thing that should be done is a consultation with a qualified criminal defense attorney. Don't delay on this, as you don't want this type of conviction on your friend's record.
When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.
First, do not share any more facts with anyone, especially on line. Go and see a criminal defense attorney. After you have told him all of the facts, he will be the one to give you the best advice.
With that said, Rape in the Third Degree, in Oregon, requires that the alleged victim be under the age of 16. See ORS 163.355. Further, while gnorance of age is not a defense to a crime that requires an alleged victim to be under the age of sixteen, ORS 163.325(1), "[w]hen criminality depends on the childs being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense." ORS 325(2).
This is just one of the defenses that your son's attorney will review and discuss with you when he has all of the facts. Speak to an attorney immediately. You can find one on AVVO, or through the Oregon State Bar's attorney referral service.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Your son needs to speak to an experienced criminal defense attorney immediately. Defending a case like this is too complicated to discuss via this forum, and should conversations should occur in private.
Meanwhile, most of your information is not helpful: If she was a minor, she was legally incapable of giving consent. If her parents gave permission for him to date her, that's irrelevant. If the victim or her family doesn't want the charges to stick, that's also irrelevant. If your son spoke to the police and admitted that sex occurred, then the state can move forward without a rape kit or other DNA test.
The only thing that might be relevant (so far) is what your son reasonably believed about her age at the time sex occurred. If your son is charged with Rape 3, that would indicate that the victim was 15 at the time the sex occurred, in which case your son's ignorance of her age is not a defense. If she was 16 at the time the sex occurred, he should be charged with Sex Abuse 3, in which case your son does have a defense if he can offer evidence that shows that he reasonably believed her to be 18 at the time the sex occurred.
Remember, the emphasis is on *reasonable* - if it wasn't reasonable for him to believe she was 18, then he's likely to be found guilty. If this goes to a jury, there's a strong possibility that they're going to find such belief unreasonable. A 24 year old dating an 18 year old is just not likable, and mistaking an 15 or 16 year old as 18 is a hard sell, especially if the defendant is 24 and really should know better.
If found guilty he may have to serve jail time (or prison depending upon his criminal history), register as a sex offender for the rest of this life, complete formal probation including sex offender evaluation and treatment, obey all laws, not have any contact with minor females, not have any contact with the victim or her family, pay court fines and fees, etc.
This post is offered as general information and is not intended as legal advice. This information does not in of itself create any attorney-client relationship.
Act now and hire an experienced attorney for your son and do not post further information about this case on line. Good luck!
The Law Office of David N. Shomloo, LLC. David N. Shomloo, Esq. Immigration/Criminal practice 222 N W Davis st. no. 402 Portland, Oregon 97209 www.davidshomloo.com 503-220-5045 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.